Plaintiffs Who Sued NYS Speak Out Against Gov's Attack on CLCPA

Governor Hochul has changed the law to evade responsibility after a court ordered the state to implement the climate law. The New Yorkers who sued still need relief.

ALBANY, NY (05/29/2026) (readMedia)-- This morning, the attorneys and plaintiffs who sued the state for not implementing the CLCPA held a zoom press conference. The plaintiffs, including New Yorkers living in environmental justice communities and paying skyrocketing energy bills, shared how Governor Hochul's weakening of the CLCPA is depriving them of recourse for the real problems they face. They also shared how a weakened CLCPA will negatively impact their lives and livelihoods, and what they need from leadership moving forward. Attorneys spoke about the lawsuit and the importance of the courts to hold government accountable.

Watch the press conference here.

"The Sheridan Avenue Steam Plant provides energy for the Capitol building while it pollutes my neighborhood and poisons my community. Dozens of my neighbors have died from cancer, including in my own family. The Climate Law was a real tool for communities like mine to finally get some relief, but instead of using it to help us, Governor Hochul weakened the law. It's not a matter of affordability like she says, because other countries and states are saving money with clean energy. It's just a matter of political will," said Mert Simpson, Albany County Legislator and member of Citizen Action NY.

"I lost two floors of my home to Superstorm Sandy. Ever since, it's been a nightmare to keep home insurance, my flood insurance rates continue to rise, and I have to pay skyrocketing costs for the same gas that makes these storms worse. But leaders like Governor Hochul kick the can down the road in the name of affordability, as if climate change isn't already costing us. When the next so-called 'thousand year storm' happens, I'll know not to look to Governor Hochul for help," said Jill Weber, Sierra Club member.

"The Governor's rollbacks to the Climate Law represent thousands of preventable tragedies in the making. By further delaying and weakening implementation of the law she's sending a clear message to frontline communities like mine that our health, our pocketbooks, our livelihoods, and our lives can be sacrificed to preserve the power and profits of the fossil fuel industry, big business, and corporate utilities. Make no mistake - justice deferred is justice denied," said community elder and PUSH Buffalo member Luz Velez.

"I'm a lifelong resident of East Harlem, where our children and adults are sent to the ER for respiratory issues and ozone pollution at much higher rates than the rest of the city. This isn't just about fear and pain - the costs can be crippling, especially in today's economy. The Climate Law promised protections and investments for me and my neighbors. I'm deeply disappointed in Governor Hochul for turning her back on my community," said Jewel Jones, member of WE ACT.

"We sued Governor Hochul's administration for violating the law by failing to act. Rather than come to the table, Governor Hochul changed the law so that she can continue doing nothing. But we sued for a reason. New Yorkers across the state are struggling to afford skyrocketing gas and energy prices, and they're breathing in toxic diesel fumes as they adapt their lives to the everyday realities of climate change. Governor Hochul may have succeeded in changing the law, but New Yorkers are still depending on her and the legislature to provide solutions," said Rachel Spector, Deputy Managing Attorney at Earthjustice.

BACKGROUND

In March, Governor Hochul began her chaotic, manufactured election year crisis by misrepresenting key points about the lawsuit brought against her administration for not implementing the Climate Law. At an event hosted by Politico, Governor Hochul falsely stated that there was an April deadline to issue regulations under a court order, and that she would be forced to implement the extreme version of Cap & Invest conjured up in NYSERDA's misleading memo, which elected officials and advocates repeatedly debunked.

But the fact is, the lawsuit did not force the state to actually achieve the 2030 limit - it just required the state to take some action to try. The Governor routinely misrepresented the lawsuit to manufacture a crisis she decided she could benefit from, ignoring the fact that nothing in the court's order required the scenario she floated. Plaintiffs stated they were willing to work with the Governor to resolve the case.

Rather than working with plaintiffs to resolve the case, the Governor continued to make contradictory and misleading excuses for why she wanted to weaken New York's climate commitments, all while trying to portray herself as a climate champion. She suggested that New Yorkers are overpaying for energy because of the CLCPA and that amending the law will save New Yorkers money in the short-term, then later admitted that was "false." She even cited the war in Iran as an excuse to roll back the CLCPA, claiming it would somehow "protect consumers" whose energy bills are higher than ever because of New York's reliance on fossil fuels.

Hochul's hard pivot to embrace fossil fuels comes as a recent poll of competitive districts in New York showed 55% of all respondents and 74% of Democrats would be more likely to vote for a state lawmaker who voted to continue implementing New York's clean energy laws. The Governor still maintains that she is a "climate leader," even though her actions tell a clear opposite story. Since she became governor, she has actively undone positive climate policies and canceled billions in necessary investments that would have fought climate change and lowered New Yorkers' energy bills.

As Governor Hochul doubles down on fossil fuels, New Yorkers are paying record-breaking prices and oil companies are making record-breaking profits. According to NYSERDA, compared to this time last year, New Yorkers are paying:

  • 38% more for gasoline
  • 50.9% more for diesel
  • 35.1% more for home heating oil

Meanwhile, other countries around the world are responding to this crisis by investing heavily in renewables. To note just a few examples:

  • France is banning new gas heating systems, nearly doubling support for electrification from 5.5 billion euros to 10 billion in the next four years, and heavily subsidizing EVs.
  • South Korea is accelerating their roadmap to develop 100 GW of renewables by 2030.
  • The United Kingdom is substantially reducing its dependence on gas (39% lower in March 2026 compared to March 2021) and saving 7 million pounds per day on gas purchases while adding 55 GW in solar and wind capacity over the past 5 years.

Here in the U.S., many Red and Blue states are also proving that even under Trump, we can make progress. For instance:

  • Virginia has adopted a flurry of clean energy reforms, including:
    • Increasing procurement requirements for rooftop solar from 1 to 5%
    • Increased procurement targets for energy storage - including 4.5 GW of long-duration storage
    • Requirements to quantify grid utilization and adoption of grid-enhancing technologies, and a requirement to add storage at existing solar projects.
  • California has added 12 GW of renewable power in the past 5 years
    • Following grid strains brought on by climate-driven wildfire and extreme heat, California set aggressive procurement targets that drove a record-breaking buildout of battery-storage. Batteries are now able to supply 43% of evening peak energy demand, more than twice the energy supplied by natural gas. The pace of growth has accelerated.
  • Texas has quadrupled its battery storage additions in the last 3 years, adding over 10 GW of batteries
  • Illinois has increased procurement targets both for renewables and for storage, boosted energy efficiency programs, and created a major new framework to expand Virtual Power Plants.

Even here in New York, renewables have been more reliable than fossil fuels. In December 2022, Winter Storm Elliott resulted in power outages due to failing infrastructure. Gas supply was plentiful, but wells and pipes froze, and cold temperatures affected equipment at fossil fuel power plants. The system similarly struggles during heatwaves, leading the New York Independent System Operator (NYISO) to admit that during the June 2025 heatwave, solar and wind outperformed fossil fuels.

If Governor Hochul instead invested in financing the transition to renewable energy, we could lower costs now for the majority of households while making the downpayment that will shield us from future price shocks. Multiple studies draw this conclusion. A strong Cap and Invest program would yield $6.9 billion in net savings for households earning up to $200,000, or $1,060 per household, over the first decade.

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